BUDHRAM Vs. COAL INDIA LTD.

JUDGEMENT

(1.) Heard.

(2.) The instant petition has been filed in the background of the fact that the actual date of birth of the petitioner is 7/12/1957, but erroneously without considering the representation, which was made much prior before the date of retirement, the petitioner was made to retire on 30/9/2011, which was communicated to him on 15/2/2011.

(3.) Learned counsel for the petitioner would submit that the petitioner was not given proper opportunity of hearing for the reason that representations were filed to establish the fact that his date of birth is 7/12/1957, therefore, the said letter dtd. 15/2/2011 (Annexure- P/1) is erroneous and could not be given effect to. He would further submit that though several representations (Annexure-P/4) were filed in the year 2011, much prior to the retirement, but no cognizance was taken and, as such, the retirement order which affects the right of the petitioner would amounts to passing an order without giving any opportunity of hearing to the petitioner. Therefore, the order of retirement of the petitioner is required to be set aside and consequential benefits accrued to the petitioner should be given.